Coming to Terms with Fairness
A new contract for public-interest investigations
"I would love to see a boilerplate template that a freelancer
could send an outlet, rather than the other way around."
—Print and radio reporter and photojournalist, former newspaper,
radio and wire staffer, from FIRE's 2015 freelancer survey
Because media companies are increasingly burdening unaffiliated reporters with untenable liabilities, FIRE recently realized a longstanding demand from the field—a template for freelancers to use as a story contract.
In December 2020, with the help of former Bloomberg News general counsel Charles Glasser, FIRE introduced the story-agreement template for internal use in FIRE-supported freelance investigations. In response to subsequent demand, FIRE is preparing a public version of the template for release in late September (see below).
Among other things, the template provides that publishers or broadcasters will “indemnify” freelance reporters—that is, agree to cover their court costs in case of trouble.
The template advances a larger campaign to address freelancer liability. FIRE supports stories only for outlets that indemnify freelancers, via the new template or the outlet’s equivalent. We also provide access to two veteran media attorneys for pro bono contract-related legal assistance. And we have introduced standards to encourage stronger story agreements generally.
For fuller context on these intiatives, visit The Case for Protecting Freelancers. The following elaborates on the FIRE Contract Template only. It is not legal advice and should not be construed as such. Reporters and other parties are entirely responsible for their own decisions on legal matters.
The FIRE Contract Template is the only model agreement that we know of that explicitly addresses the needs of an investigative freelancer.
Designed by a former publisher’s general counsel to meet an outlet's basic demands while providing for the reporter, the template introduces freelancer protections on key issues, from copyright and revisions, to proofs and severability, in addition to indemnification.
The original template itself, a five-page commissioning agreement signed by three parties to the story—FIRE, the reporter, and the publisher or broadcaster—was designed for use by applicants selected by FIRE’s programs. Several outlets are using the contract with FIRE-supported reporters. The three-way version can be accessed privately, with an attorney's customized advice, via FIRE’s contract-related legal assistance.
Boilerplate: Public release
But to facilitate independent use by freelancers and outlets, FIRE is preparing a two-party version of the template for public release. It will be previewed at FIRE's freelancer liability panel September 28, 2021, along with the accompanying new freelance-contract standards.
For more information, contact FIRE.
Note: FIRE will soon be launching a Resources page of relevant tools offered by organizations in the field. Among the tools will be a contract template that explicitly addresses a related challenge faced by freelance journalists: preserving physical safety in the of face dangerous reporting conditions. It is available from the ACOS Alliance (A Culture of Safety).